Case 6:22-cv-06486-JLS Document 56 Filed 12/29/22 Page 24 of 36
Bruen, 142 S.Ct. at 2122 (emphasis added). Most gun owners “do not wear a holstered pistol at their hip in their bedroom or while sitting at the dinner table. Although individuals often ‘keep’ firearms in their home, at the ready for self-defense, most do not ‘bear’ (i.e., carry) them in the home beyond moments of actual confrontation. To confine the right to ‘bear’ arms to the home would nullify half of the Second Amendment’s operative protections.” Bruen, 142 S.Ct. at 2134–35.
The Court continued, “[m]oreover, confining the right to ‘bear’ arms to the home would make little sense given that self-defense is ‘the central component of the [Second Amendment] right itself.’” Id. (quoting District of Columbia v. Heller, 554 U.S. 570, 599 (2008)). See also McDonald, 561 U.S. at 767, 130 S.Ct. 3020. After all, “the Second Amendment guarantees an ‘individual right to possess and carry weapons in case of confrontation,’ Heller, 554 U.S. at 592, 128 S.Ct. 2783, and confrontation can surely take place outside the home.” Id. at 2135. “Many Americans hazard greater danger outside the home than in it. The text of the Second Amendment reflects that reality. The Second Amendment’s plain text thus presumptively guarantees petitioners Koch and Nash a right to bear arms in public for self-defense.” Id. (citation omitted) (emphasis added).
Bruen set forth the relevant test: “when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. To justify its regulation, the government may not simply posit that the regulation promotes an important interest. Rather, the government must demonstrate that the regulation is consistent with this Nation’s historical tradition
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